Amendments, Modification and Waivers. No provision of this Agreement may be amended, modified or waived except in writing executed by the Manager and the Servicer, and each such amendment and modification shall be subject to the prior written consent of the Initial Member, except for those provisions that may be amended by the express terms hereof without the Initial Member’s consent. In no event shall any such amendment or waiver limit or affect the rights of the FDIC (as a third party beneficiary hereunder as specified in Section 11.8) without the express written consent of the FDIC.
Amendments, Modification and Waivers. No provision of this Agreement may be amended, modified or waived except in writing executed by the Company and the Servicer and, except for those provisions that may be amended without the Participant’s consent, as and to the extent expressly provided in this Agreement, each such amendment and modification shall be subject to the prior written consent of the Participant (which consent shall not be unreasonably withheld, delayed or conditioned).
Amendments, Modification and Waivers. No provision of this Agreement may be amended, modified or waived except in writing executed by the Manager and the Servicer, and each such amendment and modification will be subject to the prior written consent of the Initial Member, except for those provisions that may be amended by the express terms hereof without the consent of the Initial Member. In no event will any such amendment or waiver limit or affect the rights or benefits expressly granted in this Agreement to any specified third party beneficiary of this Agreement other than the Initial Member (to the extent such third party beneficiary is, and remains, a third party beneficiary hereunder pursuant to Section 11.8), and/or any Related Person in relation to such third party beneficiary, without the express written consent of such third party beneficiary. In respect of provisions in this Agreement that may be amended without the consent of the Initial Member (including Schedules 1 through 6 to this Agreement),
Amendments, Modification and Waivers. 9.3.1 Any provision of this Agreement may be amended, modified or waived at any time before or after approval of this Agreement and the Merger by the Boards of Directors of the Company, Parent, US HoldCo and Merger Sub if, but only if, such amendment, modification or waiver is in writing and is signed, in the case of an amendment, by Parent and the Company or, in the case of a waiver, by each Party against which the waiver is to be effective; provided, however, that following the receipt of the Company Stockholder Approval, no such amendment, modification or waiver shall be made or given that requires the approval of the stockholders of the Company under the DGCL unless the required further approval is obtained; provided, further, that following the receipt of the Parent Shareholder Approval, no such amendment, modification or waiver shall be made or given that requires the approval of the shareholders of Parent under the Listings Requirements unless the required further approval is obtained; and provided, further, that no amendment of any provision of this Agreement to which the Financing Sources are intended third party beneficiaries pursuant to Section 9.11 that is materially adverse to any Financing Source shall be effective without the written consent of such Financing Source.
Amendments, Modification and Waivers. (a) At any time prior to the Effective Time, any provision of this Agreement may be amended, modified or waived in any and all respect, whether before or after receipt of the Requisite Company Stockholder Approval, but only if, such amendment, modification or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or, in the case of a waiver, by each party against whom the waiver is to be effective; provided, however, that following the receipt of the Requisite Company Stockholder Approval, no such amendment, modification or waiver shall be made or given that requires the approval of the stockholders of the Company under the DGCL unless the required further approval is obtained.
Amendments, Modification and Waivers. (a) Any provision of this Agreement may be amended, modified or waived at any time before or after approval of this Agreement and the Merger by the Boards of Directors of the Company, Parent and Merger Sub if, but only if, such amendment, modification or waiver is in writing and is signed, in the case of an amendment, by each party to this Agreement or, in the case of a waiver, by each party against whom the waiver is to be effective; provided, however, that following the receipt of the Requisite Company Stockholder Approval, no such amendment, modification or waiver shall be made or given that requires the approval of the stockholders of the Company under the DGCL unless the required further approval is obtained.
(b) Any failure of any of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived at any time prior to the Effective Time by any of the parties hereto entitled to the benefit thereof only by a written instrument signed by each such party granting such waiver. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as otherwise provided herein, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.
Amendments, Modification and Waivers. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by written consent signed by Purchaser and by Seller. SECTION 10.03
Amendments, Modification and Waivers. No provision of this Agreement may be amended, modified or waived except in writing executed by the Manager and the Servicer, and each such amendment and modification shall be subject to the prior written consent of the Initial Member or the Purchase Money Note Guarantor, except for those provisions that may be amended by the express terms hereof without the Initial Member’s consent. In no event shall any such amendment or waiver limit or affect the rights of the FDIC or the Purchase Money Note Guarantor (as a third party beneficiary hereunder as specified in Section 11.8) without the express written consent of the FDIC and the Purchase Money Note Guarantor.
Amendments, Modification and Waivers. No provision of this Agreement may be amended, modified or waived except in writing executed by the Manager and the Servicer, and each such amendment and modification will be subject to the prior written consent of each Required Consenting Party, except for those provisions that may be amended by the express terms hereof without the consent of the Required Consenting Parties. In no event will any such amendment or waiver limit or affect the rights or benefits expressly granted in this Agreement to any specified third party beneficiary of this Agreement other than the Initial Member (to the extent such third party beneficiary is, and remains, a third party beneficiary hereunder pursuant to Section 11.8), and/or any Related Person in relation to such third party beneficiary, without the express written consent of such third party beneficiary. In respect of provisions in this Agreement that may be amended without the consent of the Required Consenting Parties (including Schedules 1 through 6 to this Agreement), (a) in no event will any such provisions (including as amended) result in a right for the Manager or the Servicer to deviate from the requirements in the remaining provisions in this Agreement and the other Transaction Documents (including in respect of payments to Affiliates), and (b) in the event of any conflict between such provisions and the remaining provisions herein or in any other Transaction Document, such remaining provisions herein and in the other Transaction Documents will prevail.
